Hearing Officer Decisions 2012-2013

July 1, 2012 to June 30, 2013

Whether an educational record challenged by a student’s parent was inaccurate under the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA) and should be removed from the student’s file or corrected?

Whether the local school division provided the parent an opportunity to inspect and review the student’s educational records with regard to the identification, evaluation, education of the student, and the provision of a fee appropriate public education (FAPE) for the student consistent with 8 VAC 20-81-170.A. 1.a(1)?

Whether the local school division provided to the parent a statement of how the child’s progress toward his annual goals would be measured consistent with 8 VAC 20-81-110.G.8.a?

Whether the local school division provided the parent periodic reports on the progress the child was making toward meeting annual goals identified in the student’s individualized education program (IEP) consistent with 8 VAC 20-81-110.G.8.b?

Whether the school division provided the necessary educational records to the student’s parent so that the parent was afforded an opportunity to participate in the meetings with respect to the identification, evaluation, educational placement, and the provision of a FAPE for the student consistent with 8 VAC 20-81-170.A.1.a(2)?

Whether the school division offered a FAPE to the student when the student’s most recent IEP was developed at an IEP meeting considering the parent’s opportunity to participate in that meeting?

Whether providing services to the student at a separate public day school rather than a requested home based placement provided the student services in the least restrictive environment?

Whether the individualized education program (IEP) proposed by the school division in August of 2012 offered the student a free appropriate public education (FAPE) through placement at the separate public day school rather than the parent’s requested home based placement?

Whether the school division failed to give the student’s parents proper notice or prohibit the parents from meaningfully participating in the IEP (Individualized Education Plan) meeting designed to develop the IEP for the coming school year?

Whether the attendance of certain school division staff that parent objected to denied the parent meaningful participation in IEP development for the student?

Whether the Transition Services offered by the school division to the student were sufficient to comply with special education regulatory requirements?

Whether the school division offered the student a FAPE (Free Appropriate Public Education) in the past school year?

Whether the IEP developed at the most recent IEP meeting the parents were invited to attend was designed to provide the student a FAPE in the coming school year?

Whether the Individualized Education Program (IEP) proposed in September 2012 by the school division that provided limited mental health services to a student whose mental health diagnosis was recently changed and continued to have substantial behavioral difficulties offered a Free Appropriate Public Education (FAPE) at an alternative secondary educational setting?

Whether the alternative secondary education setting proposed in the September 2012 IEP would be able to implement a special education program for the student that includes mental health services so that the student would receive a FAPE?